Resources

BC Employment Standards Tribunal Awards “Service Charges” as Gratuities to Employees

Star Limousine Service Ltd. (“Star”) is a limousine business operating in Vancouver, British Columbia.

In 2022, two limousine drivers filed separate complaints against Star for unlawfully withholding gratuities in contravention of section 30.3 of the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”).

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Permissible Employer Communication Following Application for Certification

In Homewood Health Inc. (Homewood Ravensview), 2024 BCLRB 87, the B.C. Labour Relations Board (the “Board”) dismissed an application under sections 6(1), 6(3)(d) and 9 of the B.C. Labour Relations Code (the “Code”).  The Board found that the Employer’s communications to its employees after receiving notice of the Union’s certification application did not contravene the Code.

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Employer Held Responsible for Health Agent’s Improper Diagnoses Resulting in Privacy Breaches

In ATCO Electric Ltd. v. Canadian Energy Workers’ Assn. (Concerning Drug and Alcohol Testing Grievance), [2024] A.G.A.A. No. 49 (applications for review dismissed, 2025 ALRB 93), Arbitrator James Casey ordered $12,500 in damages for breach of privacy related to a misdiagnosis of a Substance Use Disorder by an employer health agency.  The misdiagnosis had resulted in wage loss and two years of random testing for the employee.

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There is No “I” in Team When Considering the “Meet or Exceed” Requirements Under Section 3 of the B.C. Employment Standards Act

In a preliminary ruling in BC Ferry Services Inc. -and- BC Ferry & Marine Workers’ Union, 2025 CanLII 8390, Arbitrator Arne Peltz determined that the “meet or exceed” test under s. 3 of the Employment Standards Act, R.S.B.C. 1995, c. 113 (the “ESA” or the “Act”) must only be applied to the bargaining unit as a whole and not to individual employees or sub-groups within the bargaining unit.

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Unreasonable Conduct Before the Tribunal Can Result in Costs

This decision concerns judicial review of a costs award by the British Columbia Human Rights Tribunal, under section 37(4) of the B.C. Human Rights Code.

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Career Employee Dismissed for Just Cause

In the recent case of Basic v. Solid Rock Steel Fabricating Co. Ltd., 2025 BCSC 287, the B.C. Supreme Court upheld the dismissal of a 57-year old project manager with over 20 years of service for time theft and insubordination.

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Employer’s Repudiation of Employment Contract Results in Damages Award of Over $450,000 for Dismissed Executive

In Timmins v. Artisan Cells, 2024 ONSC 7123, the Ontario Superior Court of Justice issued a substantial damages award – an award in the amount of $456,908.82 – in favour of the plaintiff, Nicholas Timmins.

This followed the without cause termination of Mr. Timmins’ employment as an executive at a gene therapy company named Artisan Development Labs Inc. (“Artisan”).

Notably, about three weeks before trial, Artisan withdrew its statement of defence in the action.  Mr. Timmins’ claim was thus undefended at trial.

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Too Little, Too Late: Just Cause Termination for Non-Culpable Absenteeism After Employer’s Repeated Requests for Medical Evidence Went Largely Unanswered

In District of Sparwood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years on a medical leave and failed to provide clear, current and credible medical evidence about his current and future ability to return to work, notwithstanding repeated requests.

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Confirming the Historic Trade-Off: A Worker’s Civil Action is Statute-Barred When Injury Arose Out of and In the Course of Employment

Workers’ compensation is a no-fault insurance system for injuries arising out of and in the course of a worker’s employment.  Insurance systems of this kind are provincially, federally and territorially mandated through legislation. Read more on a decision involving a respondent who was injured by a falling crate of tiles.

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Bill 11, Employment Standards Amendment Act: BC Government to Restrict Employer’s Ability to Request Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave

In April 2025, the BC Legislature introduced Bill 11, Employment Standards Amendment Act. Bill 11 passed third reading on May 12, 2025. Bill 11 will amend the Employment Standards Act (the “ESA”) to prohibit employers from requiring employees to provide a note or other documentation from a health practitioner in relation to a health, illness, or injury related leave.

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